Avila Laguna v. Johnson
| JOSE JESUS AVILA LAGUNA |
| RAYBON JOHNSON, WARDEN |
| 22-1440 |
| August 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 10
ORDER FILED. Mark J. BENNETT, Eric D. MILLER, Lawrence VANDYKE The applicants 28 U.S.C. 2254 habeas petition, transferred to this court pursuant to Ninth Circuit Rule 22-3(a), is treated as an application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court. So treated, we have reviewed the application and the respondents response. The application is denied. The applicant has not made a prima facie showing under 28 U.S.C. 2244(b)(2) that: (A) the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. Any pending motions are denied as moot. No further filings will be entertained in this case. DENIED. [Entered: 05/18/2023 09:52 AM]
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| Filing 9 Response to Application for Leave to File Second or Successive 2254 Petition or 2255 Motion [Entered: 01/11/2023 10:36 AM] |
| Filing 8 ADDED Counsel for Respondent Vincent P. LaPietra for Respondent Raybon Johnson. [Entered: 01/11/2023 09:59 AM] |
| Filing 7 NOTICE OF APPEARANCE by Vincent P. LaPietra for Respondent Raybon Johnson. [Entered: 01/11/2023 09:12 AM] |
| Filing 6 ADDED Counsel for Respondent Julie Louise Garland for Respondent Raybon Johnson. [Entered: 12/12/2022 02:15 PM] |
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Filing 5
ORDER FILED. WALLACE, TALLMAN, and BYBEE, Circuit Judges. The applicants 28 U.S.C. 2254 habeas petition, transferred to this court pursuant to Ninth Circuit Rule 22-3(a), is treated as an application to file a second or successive 2254 habeas petition. So treated, the application raises issues that warrant a response. See 9th Cir. R. 22-3(d). Within 35 days after the date of this order, respondent must file a response addressing whether the arguments raised in the application, including the 2020 affidavit by a witness in this case, warrant authorization to file a second or successive 2254 habeas corpus petition. The applicant may file a reply within 14 days after the service of the response. The Clerk will add to the docket and serve an electronic copy of this order and the filing at Docket Entry No. 2 on Julie Garland, Senior Assistant Attorney General, Office of the Attorney General, State of California P.O. Box 85266, San Diego, CA 92186-5266. [Entered: 12/12/2022 02:05 PM]
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| Filing 4 SOS TRANSFER FROM DISTRICT COURT DOCKETING NOTICE. Application for Permission to File a Second or Successive Habeas Corpus Petition transferred to this Court, U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), from the district court has been opened and assigned the Ninth Circuit case number 22-1440. All subsequent correspondence regarding this matter will be added to your file to be considered at the same time the cause is brought before the court. The Ninth Circuit case number and the title of your case should be shown in the upper right corner of any correspondence to the clerk's office, and should be directed to the above address pursuant to Circuit Rule 25-1. [Entered: 08/30/2022 11:00:00 AM] |
| Filing 3 CASE OPENED. Application for Leave to File Second or Successive 2254 Petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 8/30/2022. The U.S. Court of Appeals docket number 22-1440 has been assigned to this case. [Entered: 08/30/2022 10:58:00 AM] |
| Filing 2 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 08/30/2022 10:44:00 AM] |
| Filing 1 District Court Transfer Order [Entered: 08/30/2022 10:44:00 AM] |
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| Petitioner: JOSE JESUS AVILA LAGUNA | |
| Represented By: | Jose Jesus Avila Laguna |
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| Respondent: RAYBON JOHNSON, WARDEN | |
| Represented By: | Vincent P. LaPietra |
| Represented By: | Ms. Julie Louise Garland |
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